Legal Opinion

Kennard v. Mabry

Texas Supreme Court

Decided June 17, 1890No. 7570PublishedCited by 13 opinions

Appeal from Johnson. Tried below before Hon, J. M. Hall.

1Opinion of the Court

STAYTON, Chief Justice.

Heard, Allen & Floore held the prom*154issory note of T. M. Westbrook for $7500, on which M. L. Kennard was surety, and to indemnify the latter against loss Westbrook executed to him a mortgage on the land in controversy, as well as on cattle of about the value of $7000.

In June, 1886, to enable Westbrook to negotiate a loan of $4000 from the Texas Loan Agency, Kennard released his mortgage on the land, retaining, however, his mortgage on the cattle.

Westbrook secured the loan and mortgaged the land to secure it, the mortgage being in the form of a trust deed, with power to…

2Cases cited5 opinions

  1. Mann v. Wallis, Landes & Co.Court of Appeals of Texas · 1890
  2. Spencer v. RosenthallTexas Supreme Court · 1882
  3. Henderson v. MorrillTexas Supreme Court · 1854
  4. Young v. ThompsonSupreme Court of Kansas · 1863
  5. Haseltine v. EspeyOregon Supreme Court · 1886

3Cited by13 opinions

  1. Leonard v. Benfford Lumber Co.Texas Supreme Court · 1919
  2. National Western Life Insurance Company v. AcremanTexas Supreme Court · 1968
  3. V. H. Carroll, Trustee Holliman Drilling Company, a Corporation v. Lorena Morris Holliman, in the Matter of Holliman Drilling Company, a CorporationCourt of Appeals for the Tenth Circuit · 1964
  4. Grand Rapids National Bank v. FordMichigan Supreme Court · 1906
  5. Lignoski v. CrookerTexas Supreme Court · 1894

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